IN THE COURT OF APPEAL OF TANZANIA

AT DAR ES SALAAM

CIVIL APPLICATION NO_________ OF 2008

BETWEEN

HAMIDU NDALAHWA MAGESHA MANDAGANI---------------------APPLICANT

VS

RAYNOLD MSANGI-----------------------------------------------1 ST RESPONDENT

REDA FARM AND LIVESTOCK PARTNER-----------------------2 ND RESPONDENT

NOTICE OF MOTION
(Rule 9 (2) (b) of the Tanzania Court of Appeal Rules, Cap 141 R.E 2002
Subsidiary Legislation)

TAKE NOTICE THAT on the ______ day of _______ 2008 at 8:45 o’clock in the
morning or as soon thereafter as he can be heard, Mr. Ngudungi Advocate for the
above named Applicant, will move a Judge of the Court for an order that the
execution of the decree of the High Court of Tanzania Commercial Division dated
12th day of August in Commercial Case No. 52 of 2007 be stayed pending final and
conclusive determination of the intended appeal on the grounds that:-

(i) The intended appeal will be rendered nugatory if stay is not ordered.

(ii) The Applicant will suffer substantial and irreparable loss if stay is
not granted.

(iii) Balance of convenience and common sense dictate in favour of

granting the order of stay.

And for an order that the costs of and incidental to this application abide the
results of the intended appeal.

1
The application will be supported by the affidavit of HAMIDU NDALAHWA
MAGESHA MANDAGANI the applicant herein, solemnly affirmed on the ____
day of September, 2008.

The address for the services of the Applicant is:-

Ngudungi & Co. Advocates,

Plot No. 973/149 Apt. 006,
Jamhuri/Aggrey Streets,
P.O. Box 6591,
DAR ES SALAAM.

Dated at Dar es Salaam this _____ day of September 2008.

________________
Advocate for the Applicant.

Lodged in the Registry at Dar es Salaam this _______ day of September, 2008.

Copy to be served upon:

1. Dagan Kimbwereza
REDA Farm & Livestock Partners,
c/o Reynold Msangi,
Ministry of Livestock Development,
Nelson Mandela Road-Veterinary Area,
DAR ES SALAAM.